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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: NATIONAL FOOTBALL
LEAGUE PLAYERS CONCUSSION
INJURY LITIGATION
Kevin Turner and Shawn Wooden,
on behalfo f hemselves and
others similarly situated
v
National Football League and
NFL Properties, LLC,
successor-in-interest to
NFL Properties, Inc.,
Plaintiffs,
Defendants.
THIS DOCUMENT RELATES TO:
ALL ACTIONS
No. 2:12-md-02323-AB
MDL No. 2323
Civ. Action No.: 14-cv-00029-AB
FINAL ORDER AND JUDGMENT
pi? dJ
AND NOW
this day o prtGtL 2015, in accordance with the
Court s Memorandum (ECF. No. fo Qll , it is ORDERED:
1 The Court has jurisdiction over the subject matter o this action.
2 The Court certifies the Settlement Class and Subclasses under Federal
Rule o Civil Procedure 23.
The Settlement Class is defined as follows:
1
Unless otherwise noted, the terms used in this Order that are defined in the Settlement Agreement have the same
meanings in this Order as in the Settlement Agreement.
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(i) All living NFL Football Players who, prior to the date of the Preliminary
Approval and Class Certification Order, retired, formally or informally, from
playing professional football with the NFL or any Member Club, including
American Football League, World League
of
American Football, NFL Europe
League and NFL Europa League players, or were formerly on any roster,
including preseason, regular season, or postseason,
of
any such Member Club or
league and who no longer are under contract to a Member Club and are not
seeking active employment as players with any Member Club, whether signed to
a roster or signed to any practice squad, developmental squad, or taxi squad of a
Member Club ( Retired NFL Football Players ); and
(ii) Authorized representatives, ordered by a court or other official of competent
jurisdiction under applicable state law, of deceased or legally incapacitated or
incompetent Retired NFL Football Players ( Representative Claimants ); and
(iii) Spouses, parents, children who are dependents, or any other persons who properly
under applicable state law assert the right to sue independently or derivatively by
reason
of
their relationship with a Retired NFL Football Player or deceased
Retired NFL Football Player ( Derivative Claimants ).
The Subclasses are defined as follows:
(i) Subclass l means Retired NFL Football Players who were not diagnosed with a
Qualifying Diagnosis prior to the date
of
the Preliminary Approval and Class
Certification Order and their Representative Claimants and Derivative Claimants.
(ii) Subclass 2 means Retired NFL Football Players who were diagnosed with a
Qualifying Diagnosis prior to the date
of
the Preliminary Approval and Class
Certification Order and their Representative Claimants and Derivative Claimants,
and the Representative Claimants of deceased Retired NFL Football Players who
were diagnosed with a Qualifying Diagnosis prior to death or who died prior to
the date of the Preliminary Approval and Class Certification Order and who
received a post-mortem diagnosis
of
CTE.
3
The Court finds that the Settlement Class satisfies the applicable
prerequisites for class action treatment under Federal Rules
of
Civil Procedure 23(a) and (b). The
Settlement Class Members are so numerous that their joinder is impracticable. There are
questions
of
law and fact common to the Class and Subclasses. The claims
of
the Class
Representatives and Subclass Representatives are typical
of
the Settlement Class Members and
the respective Subclass Members. The Class Representatives and Subclass Representatives and
Co-Lead Class Counsel, Class Counsel and Subclass Counsel have fairly and adequately
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represented and protected the interests o all Settlement Class Members. The questions
o
law or
fact common to the Class and Subclasses predominate over any questions affecting only
individual Settlement Class Members, and a class action is superior to other available methods
for the fair and efficient adjudication
o
the controversy.
4
The Court finds that the dissemination o the Settlement Class Notice and
the publication o the Summary Notice were implemented in accordance with the Order granting
preliminary approval, and satisfy the requirements o Federal Rules o Civil Procedure
23 c) 2) B) and 23 e), the United States Constitution and other applicable laws and rules, and
constituted the best notice practicable under the circumstances. The Notice given by the NFL
Parties to state and federal officials pursuant to
28
U.S.C. 1715 fully satisfied the requirements
o that statute.
5 The Court confirms the appointment
o
Shawn Wooden and Kevin Turner
as Class Representatives and Shawn Wooden as Subclass 1 Representative and Kevin Turner as
Subclass 2 Representative.
6
Pursuant to Federal Rule
o
Civil Procedure 23 g), the Court confirms the
appointment o Christopher A Seeger, Sol Weiss, Steven C Marks, Gene Locks, Arnold Levin
and Dianne
M
Nast
as
Class Counsel. In addition the Court confirms the appointment
o
Christopher A Seeger and Sol Weiss as Co-Lead Class Counsel, and confirms the appointments
o Arnold Levin and Dianne
M
Nast as Subclass Counsel for Subclasses 1 and 2, respectively.
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7.
Pursuant to Federal Rule o Civil Procedure 23, the Court finds that the
Settlement Agreement is fair, reasonable and adequate and approves the Settlement Agreement
in its entirety.
8.
The Court expressly incorporates into this Final Order and Judgment: (a)
the Settlement Agreement and exhibits originally filed with the Court on June 25, 2014, as
amended and filed on February
13
2015, and (b) the Settlement Class Notice Plan and the
Summary Notice, both o which were filed with the Court on June 25, 2014.
9.
The Parties are ordered to implement each and every obligation set forth in
the Settlement Agreement in accordance with the terms and provisions o the Settlement
Agreement.
10.
So there can be no misunderstanding, Article XVIII o the Settlement
Agreement is expressly incorporated in this Order. Therefore the Settlement Class, the Class and
Subclass Representatives and each Settlement Class Member, on his or her own behalf and on
behalf o his or her respective predecessors, successors, assigns, assignors, representatives,
attorneys, agents, trustees, insurers, heirs, next
o
kin, estates, beneficiaries, executors,
administrators, and any natural, legal, or juridical person or entity to the extent he, she, or it is
entitled to assert any claim on behalf o any Settlement Class Member (the Releasors ), waive
and release, forever discharge and hold harmless the Released Parties, and each o them, o and
from all Released Claims.
11. Notwithstanding anything to the contrary in this Final Order and
Judgment, this Final Order and Judgment and the Settlement Agreement are not intended to and
do not effect a release
o
any rights or obligations that any insurer has under or in relation to any
contract or policy o insurance to any named insured, insured, additional insured, or other
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insured person or entity thereunder, including those persons or entities referred to in Section
2 1 bbbb ) i)- ii)
o
the Settlement Agreement.
12
The Court confirms the appointment o The Garretson Resolution Group,
Inc.
as
the BAP Administrator, BrownGreer PLC as the Claims Administrator, The Garretson
Resolution Group, Inc. as the Lien Resolution Administrator and Citibank, N.A. as the Trustee,
and confirms that the Court retains continuing jurisdiction over those appointed. Pursuant to
Federal Rule o Civil Procedure 53 and the inherent authority o the Court, the Court appoints
Wendell Pritchett and Jo-Ann M Verrier as Special Master to perform the duties o the Special
Master as set forth in the Settlement Agreement for a five-year term commencing from the
Effective Date
o
the Settlement Agreement.
13 As provided in the Settlement Agreement, this Final Order and Judgment
and the related documents and any actions taken by the NFL Parties or the Released Parties in
the negotiation, execution, or satisfaction o the Settlement Agreement: a) do not and shall not,
in any event, constitute, or be construed as, an admission
o
any liability or wrongdoing, or
recognition
o
the validity
o
any claim made by the Class and Subclass Representatives, the
Settlement Class, or any Settlement Class Member in this or any other action or proceeding; and
b) shall not, in any way, be construed as, offered as, received as, used as, or deemed to be
evidence, admissible or otherwise, o any kind, or used in any other fashion, by the Class and
Subclass Representatives, the Settlement Class, any Settlement Class Member, Class Counsel, or
any
o
the Released Parties in any litigation, action, hearing, or any judicial, arbitral,
administrative, regulatory or other proceeding for any purpose, except a proceeding to resolve a
dispute arising under, or to enforce, the Settlement Agreement. Neither the Settlement
Agreement nor any o its provisions, negotiations, statements, or court proceedings relating to its
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prov1s10ns, nor any actions undertaken in this Settlement Agreement, will be construed as,
offered as, received as, used as,
or
deemed to be evidence, admissible
or
otherwise, or admission
or
concession o any liability
or
wrongdoing whatsoever
on
the part o any person or entity,
including, but not limited to, the Released Parties, or as a waiver by the Released Parties
o
any
applicable defense,
or
as a waiver by the Class and Subclass Representatives, the Settlement
Class, or any Settlement Class Member, o any claims, causes o action, or remedies. This
Paragraph shall not apply to disputes between the NFL Parties and their insurers, as to which the
NFL Parties reserve all rights.
14. The Class Action Complaint is dismissed with prejudice, without further
costs, including claims for interest, penalties, costs and attorneys' fees, except that motions for
an award
o
attorneys' fees and reasonable incurred costs, as contemplated by the Parties in
Section 21.1
o
the Settlement Agreement, may be filed at an appropriate time to be determined
by the Court, after the Effective Date o the Settlement Agreement.
15. All Related Lawsuits pending in the Court are dismissed with prejudice.
16. The Court retains continuing and exclusive jurisdiction over this action
including jurisdiction over the Parties and their counsel, all Settlement Class Members, the
Special Master, BAP Administrator, Claims Administrator, Lien Resolution Administrator,
Appeals Advisory Panel, Appeals Advisory Panel Consultants, and Trustee. In accordance with
the terms o the Settlement Agreement, the Court retains continuing and exclusive jurisdiction to
interpret, implement, administer and enforce the Settlement Agreement, and to implement and
complete the claims administration and distribution process. The Court also retains continuing
jurisdiction over any qualified settlement funds, that are established under the Settlement
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Agreement as defined under § 1.468B-1 o the Treasury Regulations promulgated under Sections
461 h) and 468B o the Internal Revenue Code
o
1986, as amended.
17
Without further approval from the Court, and without the express written
consent
o
Class Counsel and Counsel for the NFL Parties, the Settlement Agreement is not
subject to any change, modification, amendment, or addition.
18. The terms o the Settlement Agreement and o this Final Order and
Judgment are forever binding on the Parties, as well as on their respective heirs, executors,
administrators, predecessors, successors, affiliates and assigns. The Opt Outs are excluded from
the Settlement Class pursuant to request and are not bound by the terms o the Settlement
Agreement or this Final Order and Judgment. The Claims Administrator is
DIRECTED
to post
a list o Opt Outs forthwith.
Copies VI ECF on to:
Copies M ILED on to:
O:\ABB 2015\L - Z\NFL Final Order and Judgment.docx
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